Caption:

Title of the case: Moreno vs San Sebastian College-Recoletos, Manila

Citation: G.R. No. 175283
Date Promulgated: March 28, 2008
Respondents: San Sebastian College-Recoleto, Manila
Petitioners: Jackqui R. Moreno
Ponente: Justice Minita Chico-Nazario

Facts:

On January 16, 1999, the San Sebastian College-Recoleto have employed Jackqui R. Moreno as
a teaching fellow. Moreno was appointed as a full-time college faculty member, on October 23,
2000, and became a permanent college faculty on October 22, 2001.

On October 24, 2002, the Human Resource Department submitted a report, stating that Moreno
had unauthorized teaching assignments at the Centro Escolar University and the College of the
Holy Spirit.

On October 27, 2002, Moreno received a memorandum from the Dean of her college, in which it
requires her to explain the reports. On the following day, Moreno sent a written explanation in
which she admitted her failure to secure any written permission before teaching on other schools.

A Special Grievance Committee was conduction for investigation in the petitioner’s case. On
November 12, 2002, the committee required Moreno to answer the following questions; 1) Did
you teach in other schools without first obtaining the consent of your superiors in SSC-R?; 2)
Did you ever go beyond the maximum limit for an outside load?; 3) Did you ever truthfully
disclose completely to your superiors at SSC-R any outside Load?; 4) Do you deny teaching in
CEU?, and; 5) Do you deny teaching at Holy Spirit?

Moreno sent a letter after which, the grievance committee issued its resolution, finding that she
violated the prohibition against full-time faculty having unauthorized external teaching load.
SSC-R sent a letter to Moreno signed by College President, informing her that her employment is
to be terminated effective on November 16, 2002.

Moreno filed a complaint for illegal termination to the NLRC also indicating reinstatement,
money claims, backwages, separation pay if reinstatement is not viable and attorney’s fee.

Issue:

Whether or not the dismissal of the petitioner, Moreno, was valid

Ruling:

The Court ruled that the dismissal of Moreno is invalid. The dismissal of petitioner failed to
comply with the substantive aspect of due process. It further, failed to discharge of proving the
legality of Moreno’s termination from employment. A year suspension to impose an appropriate
penalty was rendered to Moreno. Herein, the petition is granted. The respondent of the case is
hereby, ordered to reinstate Jackqui R. Moreno without the loss of seniority rights and other
privileges.